Combined_Synopsis_Solicitation.pdf

Request for Quotes

FA7000-15-T-0065

18 May 2015

AFMOA Emergency Medical Equipment Purchase

This is a combined synopsis/solicitation for commercial medical equipment items, prepared in accordance with the format in FAR Subpart 12.6, as supplemented, with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotes (RFQ), solicitation number FA7000-15-T-0065, in accordance with FAR Parts 12 & 13. In accordance with (IAW) FAR 13.004, in all instances throughout this solicitation any use of the word “proposal” should be understood as “quote”. All instances of the word “offeror” should be understood as “quoter”. All instances of the word “award” should be understood as “offer”. Quotes supplied in response to this solicitation are not binding. The requirement will be awarded to the Quoter IAW 52.212-

2, found herein. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2005-81, 10 April 2015. The North American Industry Classification System

Code (NAICS) is 339112 and the size standard is 500 employees. This requirement is a 100% 8(a) Small-Business set aside.

Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this RFQ could result in the quote being ineligible for award. It is the vendor’s responsibility to ensure their quote meets all the requirements identified herein.

1. ITEM DESCRIPTION: The United States Air Force Academy (USAFA), on behalf of the Air Force Medical

Ordering Agency (AFMOA), has a requirement for an emergency purchase of hospital medical equipment items.

Please see Attachments for listings of multiple salient characteristics. This requirement is for the acquisition, shipping, and installation (if required) of the following commercial hospital medical equipment:

- PALM MicroBeam 4.2 High End with Axio Observer Z1 and Basic Fluorescence, one (1), Keesler AFB, MS

- Kick Cranial, ENT, Spinal, Knee and Hip Navigation System, one (1), Wright Patterson AFB, OH

- HiSeq 2500 Next Generation Sequence (NGS) System, one (1), Wright Patterson AFB, OH

- Liquid Chromatography Mass Spectrometry, one (1), Travis AFB, CA

- Zeiss LSM 880 Confocal Laser Scanning Confocal Microscopy System, one (1), Keesler AFB, MS

- HiSeq 2500 Next Generation Sequence (NGS) System, one (1), Keesler AFB, MS

- M720 OH5 Surgical Microscope System, one (1), Travis AFB, CA

Delivery of the medical items shall completed no later than (NLT) 30 September 2015.

2. REQUIREMENTS FOR QUOTE:

IAW FAR 52.212-1 INSTRUCTIONS TO OFFERORS (Addendum)(APR 2014)

a. This is a Request for Quotes (RFQ) to award a Purchase Order (SF 1449) IAW FAR Subpart 13.5 as implemented in section 815 of the National Defense Authorization Act of Fiscal Year 2015 and Deviation

2015-O0004 for the United States Air Force Academy AFMOA emergency medical equipment requirement as defined in the attached documents.

b. To assure timely and equitable evaluation of quotes, the quote must follow the instructions contained herein. Failure to meet a requirement may result in a quote being ineligible for award. Alternative quotes will not be accepted. The quote shall consist of two (2) separate volumes; Part I - Price, and Part II –

Technical Capabilities.

Part I – Factor 1, Price: The quote must submit prices in accordance with Section 3 below and must be inclusive of all work required within the solicitation. Pricing must be given in whole dollars (no cents).

Part II – Factor 2, Technical Capabilities: The technical capabilities must explain compliance with requirements, salient characteristics and assumptions. If the vendor finds that an item listed in the solicitation is no longer available or a newer model is offered, the vendor must contact 10 CONS POC immediately and identify the newer product. The 10 CONS POC will contact AFMOA for coordination of the newer/different item, and may amend the solicitation accordingly. In accordance with FAR 52.211-6, Brand Name or Equal, the following provision describes the evaluation of a submission of a brand name or equal product.

FAR 52.211-6, Brand Name or Equal (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting

Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

c. Submitted quotes must include: company name, point of contact name, point of contact telephone number, printed name, title of signer, and must be signed by a company representative with the authority to commit their company to the quote. In signing the quote the vendor accedes to the contract terms and conditions as written in the RFQ, with attachments. Prices provided must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than

Destination will not be considered. Typing shall not be less than 12 pt. font, with “1 inch” margins.

Elaborate formats, bindings or color presentations are not desired or required.

d. The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (with its

Alt I), must be completed. Vendors are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: www.sam.gov. If not completed on-line, 52.212-3, with its Alt I shall be completed in hard copy and submitted with the quote. Full text version may be obtained at http://farsite.hill.af.mil.

http://www.sam.gov/ http://farsite.hill.af.mil/

e. Contractors must be registered in www.sam.gov to conduct business with the Department of Defense.

Award can only be made to a registered company. (www.sam.gov).

f. Quote material will be identified as source selection sensitive and distribution strictly limited to appropriate government personnel. Quotes must be received no later than 4:00 pm Mountain Standard Time on

Wednesday, 3 June 2015. Submit quotes via email to karen.jackson.13@us.af.mil and william.clearwater@us.af.mil. Questions should be addressed to the Primary POC Ms. Karen Jackson, Contracting Officer, USAF Academy (719) 333-4493, karen.jackson.13@us.af.mil. Alternate POC is Mr.

William Clearwater, Contracting Officer, (719) 333-6572, william.clearwater@us.af.mil. Quotes received after the specified date and time may be considered late IAW FAR 15.208(a)-(e) and may not be evaluated.

g. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a vendor for any costs.

3. PRICING:

PROVIDE PRICING FOR THE FOLLOWING LINE ITEM IN WHOLE DOLLARS:

Description Quantity Unit of Issue Unit Price Extended Price

Line Item 0001

PALM MicroBeam 4.2 High End with Axio

Observer Z1 and Basic Fluorescence (Salient

Characteristics are described in Attachment 1) with delivery to Keesler Air Force Base

1 Each $__________ $__________

Line Item 0002

Kick Cranial, ENT, Spinal, Knee and Hip

Navigation System (Salient Characteristics are described in Attachment 2) with delivery to

Wright Patterson Air Force Base

Line Item 0003

HiSeq 2500 Next Generation Sequence (NGS)

System (Salient Characteristics are described in

Attachment 3) with delivery to Wright Patterson

Air Force Base

Line Item 0004

Liquid Chromatography Mass Spectrometry

(Salient Characteristics are described in

Attachment 4) with delivery to Travis Air Force

Base

Line Item 0005

Zeiss LSM 880 Confocal Laser Scanning

Confocal Microscopy System (Salient

Characteristics are described in Attachment 5) with delivery to Keesler Air Force Base mailto:karen.jackson.13@us.af.mil mailto:william.clearwater@us.af.mil mailto:karen.jackson.13@us.af.mil mailto:william.clearwater@us.af.mil

Line Item 0006

HiSeq 2500 Next Generation Sequence (NGS)

System (Salient Characteristics are described in

Attachment 6) with delivery to Keesler Air Force

Base

Line Item 0007

M720 OH5 Surgical Microscope System (Salient

Characteristics are described in Attachment 7) with delivery to Travis Air Force Base

Line Item 0008

IUID Tagging on all items valued >$5,000 As Needed - NSP NSP

IAW DFARS 252.211-7003 & 252.211-7008

TOTAL PRICE $__________

Only authorized dealers of products quoted should provide a quote for this acquisition. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Please ensure all provisions, to include 252.225-7000 BUY AMERICAN – BALANCE OF PAYMENTS PROGRAM

CERTIFICATE – BASIC (NOV 2014) are filled out and returned with quotes.

4. EVALUATION OF QUOTES

IAW FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

a. Award will be made on the basis of the lowest evaluated price of quotes meeting the acceptability standards for non-cost factors, and has no active exclusions on www.sam.gov or Federal Awardee Performance and Integrity

Information System (FAPIIS). The Government reserves the right to review any other private or Government sources that provide past performance information. Price analysis will be performed IAW FAR 15.404-1(b)(3). The quote with the lowest evaluated price will be evaluated to determine technical acceptability. If the lowest priced quote is found to meet all RFQ requirements, is technically acceptable, and there are no active exclusions, award will be made to this quoter with no further evaluations. If the lowest priced quote is rated unacceptable in technical or active exclusions are found, the next lowest priced quote will be evaluated and the process will continue until a low priced technically acceptable quote is found with no exclusions.

b. The government intends to award without discussions to the lowest priced technically acceptable quoter, but reserves the right at any time during evaluations to enter into discussions if it is determined to be in the government’s best interest. The Government will evaluate price to determine price fair and reasonableness, balance and affordability. Unbalanced pricing could pose an unacceptable risk to the Government and may be a reason to reject a quote. Quotes should be sufficiently detailed to demonstrate completeness, balance and affordability. The burden of proof for credibility of quoted prices rests with the quoter. Please Note: Since the government intends to award without discussions, quoters are encouraged to submit their best quote initially, considering price and technical solution. Clarifications may be conducted to resolve minor or clerical errors, and are not deemed discussion IAW FAR 15.306(a).

c. All technical aspects shall be adequately addressed in the technical capabilities documents.

d. The following factors shall be used to evaluate quotes:

i. Price Evaluation. The Total Evaluated Price (TEP) will include the quoted unit price multiplied by the quantity for each Contract Line Item Number (CLIN). Extended price must include shipping to unit identified, onsite installation, assembly (if required), and complete removal and disposal of all packaging and shipping materials. The extended amounts will be added together to determine the TEP. The unit price of the offeror's quote shall control any conflict between the unit price and the extended amount. Failure to provide a price for any item in the Price Schedule may cause the offeror's quote to be rejected. A price of $0.00 is considered priced, however should be addressed in the pricing narrative. A CLIN left blank is considered a failure to quote.

Award will be made based on the CLIN prices quoted by the offeror. The price evaluation will document the completeness, balance, and affordability (based on available government budget) of the proposed price. IUID labeling shall be included in the CLIN price.

ii. Award will be made to the responsible quoter whose quote conforms to the solicitation and provides a fair and reasonable price which meets the requirement on pass/fail basis IAW FAR 52.211-6 Brand Name or Equal, as referenced above (Part II, Factor 2).

iii. “Equal” items will be submitted to the 10 CONS POC on a case by case basis for pass/fail evaluation by the Government technical POC prior to the solicitation closing date and time. Approval of the “Equal” item or clarification questions will be returned to the vendor within 5 days of the submission. Please provide sufficient information in accordance with the salient characteristics above and FAR 52.211-6 outlined above for the

Government to make a pass/fail decision.

5. PROVISIONS AND CLAUSES:

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Restriction On Subcontractor Sales to the Government SEP 2006

52.203-6 Alt I Restriction on Subcontractor Sales to the Government OCT 1995

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013

52.209-6 Protecting the Government Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment AUG 2013

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations MAY 2012

52.211-6 Brand Name or Equal AUG 1999

52.212-1 Instruction to Offerors – Commercial Items APR 2014

52.212-4 Contract Terms and Conditions – Commercial Items DEC 2014

52.219-6 Notice of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.219-13 Notice of Set-Aside of Orders NOV 2011

52.219-17 Section 8(a) Award DEC 1996

52.219-28 Post-Award Small Business Program Representation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor – Cooperation with Authorities and Remedies JAN 2014

52.222-21 Prohibition of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, And Other Eligible Veterans JUL 2014

52.222-36 Affirmative Action for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans JUL 2014

52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33 Payment by Electronic Funds Transfer – System for Award Management JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.225-7001 Buy American and Balance of Payments Program NOV 2014

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2012

252.225-7031 Secondary Arab Boycott of Israel JUN 2005

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-4(c) Addendum

Text in paragraph (c) is deleted and replaced with the following:

(c) Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the

Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addendum)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jul 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of Provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of Clause)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to

Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision) (Revised December 16, 2014)

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

(NOV 2013)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Attribution information” means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations).

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

“Exfiltration” means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at

DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall—

(1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum—

(i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or

(ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how—

(A) The required security control identified in the following table is not applicable; or

(B) An alternative control or protective measure is used to achieve equivalent protection.

(2) Apply other information systems security requirements when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

Table 1 -- Minimum Security Controls for Safeguarding

Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, “Security and Privacy Controls for Federal Information Systems and Organizations”

(http://csrc.nist.gov/publications/PubsSPs.html).)

Access Control Audit & Accountability

Identification and

Authentication Media Protection

System & Comm

Protection

AC-2 AU-2 IA-2 MP-4 SC-2

AC-3(4) AU-3 IA-4 MP-6 SC-4

AC-4 AU-6(1) IA-5(1) SC-7

AC-6 AU-7

Physical and

Environmental

Protection SC-8(1)

AC-7 AU-8 Incident Response PE-2 SC-13

AC-11(1) AU-9 IR-2 PE-3

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://csrc.nist.gov/publications/PubsSPs.html

AC-17(2) IR-4 PE-5 SC-15

AC-18(1)

Configuration

Management IR-5 SC-28

AC-19 CM-2 IR-6

Program

Management

AC-20(1) CM-6 PM-10

System &

Information

Integrity

AC-20(2) CM-7 Maintenance SI-2

AC-22 CM-8 MA-4(6) Risk Assessment SI-3

MA-5 RA-5 SI-4

Awareness &

Training Contingency Planning MA-6

AT-2 CP-9

Legend:

AC: Access Control MA: Maintenance

AT: Awareness and Training MP: Media Protection

AU: Auditing and Accountability PE: Physical & Environmental Protection

CM: Configuration Management PM: Program Management

CP: Contingency Planning RA: Risk Assessment

IA: Identification and Authentication SC: System & Communications Protection

IR: Incident Response SI: System & Information Integrity

(c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto.

(d) Cyber incident and compromise reporting.

(1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor’s unclassified information systems:

(i) Data Universal Numbering System (DUNS).

(ii) Contract numbers affected unless all contracts by the company are affected.

(iii) Facility CAGE code if the location of the event is different than the prime Contractor location.

http://dibnet.dod.mil/

(iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).

(v) Contracting Officer point of contact (address, position, telephone, email).

(vi) Contract clearance level.

(vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network.

(viii) DoD programs, platforms or systems involved.

(ix) Location(s) of compromise.

(x) Date incident discovered.

(xi) Type of compromise (e.g., unauthorized access, inadvertent release, other).

(xii) Description of technical information compromised.

(xiii) Any additional information relevant to the information compromise.

(2) Reportable cyber incidents. Reportable cyber incidents include the following:

(i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor’s, or its subcontractors’, unclassified information systems.

(ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the

Contractor’s unclassified information system on which unclassified controlled technical information is resident on or transiting.

(3) Other reporting requirements. This reporting in no way abrogates the Contractor’s responsibility for additional safeguarding and cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause).

(4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the

Contractor shall—

(i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise;

(ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and

(iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least 90 days from the cyber incident to allow DoD to request information or decline interest.

(5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the

Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible.

(e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause.

(f) Nothing in this clause limits the Government’s ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute.

(g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items.

(End of clause)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-

OO0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

252.225-7000 BUY AMERICAN – BALANCE OF PAYMENTS PROGRAM CERTIFICATE – BASIC

(NOV 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”

“foreign end product,” “qualifying country,”

“qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy

American and Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal

Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

Line Item Number Country of Origin (If known)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s): Combo

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer: US Air Force Academy 80840

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

CLIN 0001

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM3010

Ship To Code FM3010 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Field Name in WAWF Data to be entered in WAWF

CLIN 0002

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM2300

Ship To Code FM2300

Field Name in WAWF Data to be entered in WAWF

CLIN 0003

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM2300

Ship To Code FM2300

Field Name in WAWF Data to be entered in WAWF

CLIN 0004

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM4427

Ship To Code FM4427

Field Name in WAWF Data to be entered in WAWF

CLIN 0005

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM3010

Ship To Code FM3010

Field Name in WAWF Data to be entered in WAWF

CLIN 0006

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM3010

Ship To Code FM3010

Field Name in WAWF Data to be entered in WAWF

CLIN 0007

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FM4427

Ship To Code FM4427

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

Not applicable

(g) WAWF point of contact.

Not applicable

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

Not applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5352.201-9101 OMBUDSMAN (APR 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy

Ombudsmen, James Anderson

8110 Industrial Drive, Ste 103

USAFA, CO 80840

Telephone number 719-333-2074

FAX 719-333-9018

email: james.anderson.72@us.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant

Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number

(703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer

(End of clause) mailto:james.anderson.72@us.af.mil